ARBITRATION 

BEFORE 

THE HONORABLE EDWARD D. WHITE 
CHIEF JUSTICE OF THE SUPREME COURT OF THE UNITED STATES 

OF THE DIFFERENCES BETWEEN 

THE REPUBLIC OF PANAMA 

AND 

THE REPUBLIC OF COSTA RICA 



ADDITIONAL DOCUMENTS 

SUBMITTED ON BEHALF OF THE REPUBLIC OF PANAMA, 

MAY 18, 1914 



Ptir-^y^^^ 



m 



ARBITRATION 



BEFORE 



The Honorable Edward D. White 
Chief Justice of the Supreme Court of the United States 

OF THE DIFFERENCES BETWEEN 

The Republic of Panama 

AND 

The Republic of Costa Rica 



ADDITIONAL DOCUMENTS 

submitted on behalf of the Republic of Panama, May 18, 1914 






D. of D. 
FEB H 1916 






EXTEACTS FROM THE MESSAGE OF Mr. EaFAEL IgLESIAS, PRESIDENT 

OF THE Republic, addressed to the Constitutional Congress, Mat 
1, 1901. 

With regard to our international relations, I must begin by 
making a statement concerning an important and transcendental 
subject, the result of which has been contrary to the hopes enter- 
tained by the Government and has re-echoed and made a deep im- 
pression throughout the country. 

I refer to the Arbitral Award which His Excellency N. Emile 
Loubet, President of the French Republic, rendered on September 
11th of the year 1900, in the litigation about the boundary line be- 
tween Costa Rica and Colombia. 

After long and careful investigations and great monetary sacri- 
fices, Costa Rica succeeded in acquiring comprehensive and valu- 
able documents relating to its territorial rights in dispute, and it 
was on these proofs and titles that Costa Rica based its defense and 
its hopes of complete success in the controversy. Unfortunately, 
and contrary to all expectations the arbitral award which, while in 
that part of it which relates to the southern portion of the Republic 
meets to a great extent, our wishes and legitimate claims, inasmuch 
as it adjudicates to us a goodly portion of the territory which tbe 
provisional statu quo of the frontier deprived us together with the 
exclusive sovereignty over the whole coast line of Golfo Dulce, it 
draws, on the Atlantic side, the boundary line under conditions 
which are unfavorable to us and which represent an important loss 
of rights claimed by Costa Rica. 

The arbitral award reads as follows : 

" The frontier between the Republics of Colombia and Costa 
Rica shall be formed by the spur of the range of mountains which 
start from Punta Mona, on the Atlantic OceAn, and closes on the 
North the valley of the Tarire or Sixaola River ; thence along the 
range of mountains dividing the waters between the Atlantic and 



the Pacific Oceans up to nearly the ninth degree of latitude ; thence 
it shall follow the dividing line of the waters between the Chiriqui 
Viejo and the tributaries of Golfo Dulce, terminating in Punta de 
Burica, on the Pacific Ocean. With regard to the Islands, groups 
of Islands, small Islands and shoals lying in the Atlantic Ocean 
near the coast, to the East and South-east of Pun to Mona, these 
Islands, whatever their number and extent may be, shall belong to 
and be under the control of Colombia. Those lying to the West 
and North-west of said Punta, shall belong to the Republic of Costa 
Eica. 

" Respecting the Islands most distant from the Continent, in- 
cluded between the Costa de Mosquitos and the Isthmus of Panama, 
called Mangle Chico and Mangle Grande, Cayos de Albuquerque, 
San Andres, Santa Oatalina, Providencia, Escuso de Veraguas, as 
well as any other Islands, small barren Islands and shoals depend- 
ent of the old Province of Cartagena, under the dominion of the 
Canton de San Andres, it shall be understood that the territory of 
these Islands, without any exception whatever, belongs to the 
United States of Colombia. 

" On the Pacific Ocean, Colombia shall likewise possess, start- 
ing from the Islands of Burica, and the latter inclusive, all the 
Islands lying East of the Punta bearing the same name ; and all 
those lying to the West of said Punta are adjudicated to Costa 
Rica." 

It is to be regretted that the said arbitral award has not 
been accompanied by a geographical chart of the territory in 
dispute, which chart, serving as an explanation and compliment, 
will avoid, at the time of making the material demarcation, the 
possible difficulties incidental to the quite important circumstance 
that said places and the majority' of the terms of the arbitral award 
give room to the fixing of difi'erent locations of the boundary line. 
In view of which my Government, as soon as it was informed of 
the arbitral award, gave instructions to our Minister in Europe to 
inform the high arbitrator of the interpretation given by Costa Rica 
to the first paragraph of the arbitral award. 



Otu' representative in Paris did so inform the Arbitrator, on 
September 29tb, stating that, in the opinion of this Government, 
the line was formed by the spur of the range of mountains starting 
from Cabo Mona, on the Atlantic Ocean, and enclosing on the north 
the valley of the Taiii'e or Sisaola river, near the mouth of the 
latter ; that it goes on indicating itself to the southwest in a west- 
ernly direction, on the left bank of the river, up to the confluence of 
the Turquin or Zhurquin (also called Sixaola, Culebras or Doradas), 
towards the meridian 82° 50' west of Greenwich, 85° 10' west of 
Paris, and 9° 33' north latitude. In this place the boundary Una 
will cross the thalweg of the Tarii'e on the left bank of the Turquin 
and shall follow towards the south, the range of mountaius dividing 
the waters between the basins of the Turquin on the east and of 
the Uren on the west ; thence along the range of mountains divid- 
ing the watei-s between the Atlantic and the Pacific to nearly the 
ninth degree of latitude ; thence it shall follow the dividing liae of 
the waters between the Chiriqui Yiejo and the tributaries of the 
Golfo Dulce, terminating at Punta Burica. 

In reply to that statement, His Excellency M. Delcasse, Minister 
of Foreign Relations of the French Republic, stated that in the 
absence of precise geographical elements, the arbitrator had only 
been able to fix the frontier by means of general infonnation which 
he thought it would be rather difiicult to determine with accuracy 
on the map. But that it was not doubtful, as our Representative 
remarked that, in accordance with the provisions of Articles 2 and. 
8 of the Convention of Paris of January, 1886, this boundary line 
should be drawn within the limits of the teiTitory in litigation, just 
as they appear from the text of said Articles. That, in accordance 
with those principles, it would be the duty of the Republics of 
Colombia and Costa Rica to make the material demarcation of their 
frontiers, and that in this matter the arbitrator appealed to the 
spii'it of conciliation and good understanding by which both 
Governments have been guided heretofore. 

It is a true copy — taken from the book entitled " Documentos 
relatives a la Controversia de Limitea con la Republica de 



Panama ", of the Office of the Secretary of Foreign Relations of 
Costa Eica, pages 18 to 20, National Printing Office, San Jose, 
Costa Rica ; Official Publication. 

Belisario Poebas, 
[Seal.] E. E. & M. P. of Panama. 

Washington, D. C. April 25, 1911. 



Note of the Miniktee of Colombia in Costa Rica, Mr. Loeengo 
Marroquin, addressed to the Secbetaby of Foreign Relations of 
THE Republic of Costa Rica, dated Febbuaby 27, 1901. 

San Jose, Feb. 27, 1901. 
Legation of Colombia in Mexico and Central America. 
Mb. Minister : 

The international arbitral award in the question of the boundary 
line, which, as I stated in my previous Note, now is an executed 
judgment and title of property, would authorize the States which 
appealed to arbitration, to occupy the adjudicated territories in the 
land from the time they acquired possession of the said title 
especially whenever the frontier is fixed by limits or natural acci- 
dents, such as range of mountains, rivers and the like. 

However, international courtesy has established the usage 
that the interested parties should reach an agreement concerning 
the material execution of the arbitration ; but it is not essen- 
tial that such agreement should be specified in international 
pacts, it being sufficient, in default thereof, that one of the Gov- 
ernments communicate to the other at a time sufficiently in 
advance, the date in which it proposes to occupy the awarded 
territories, to deliver those which belong to the other party 
and the manner as well as the time which it will be required 
to make the proper demarcation, survey and setting of landmarks 
of the boundary line, in order that. said occupation be carried out 
justly and fairly, in accordance with the precise provisions of the 



arbitral awai'd and without any invasion into alien or contiguous 
territory. 

The long illness of His Excellency the President — deeply to 
be regretted — and the fact that I had to absent myself from Costa 
Eica as soon as possible, have prevented us from reaching, con- 
cluding and completing, an agreement to which I formally invited 
Your Excellency in my Note of the 13th of February, for the ex- 
ecution of the arbitral award concerning boundary lines rendered 
on September 11th, 1900. 

The Government of Colombia has not the least desire or inten- 
tion to compel the Government of Costa Eica to carry out such 
execution. My Government only desires, concerning this matter, 
that the consequential facts shall be the worthy sequence of the 
cordial and friendly relations which preceded them and that they 
should be animated by the broad and generous spirit that also 
inspired the arbitral award. 

After making this frank and open declaration, I may, without 
any fear of hurting in the least the feelings of the Government of 
Costa Eica — which would be contrary not only to the instructions 
I have received, but also contrary to my real wishes in the matter 
—inform Your Excellency as to how the demarcation of the frontier 
may be carried out in the absence of the special agreement, which 
I should have preferred. 

One of the greatest advantages of the arbitral award is 
that it definitively and forever ended the only question, 
the only cause of disagreement which has ever existed 
between Colombia and Costa Eica ; but it should be borne in 
mind that the arbitration will not produce its beneficial effects until 
the material demarcation or fixing of the frontiers is completed. 
To delay or postpone that act is equivalent to prolong a vexatious 
discussion, in which the people are unfortunately and unfruitfully 
excited, to the detriment of the good friendship and brotherly 
feelings which should unite them, and to the 'evident injury of the 
good understanding of both Governments. Foreseeing said diffi- 
culties the signers of the arbitral convention between Costa Eica 



.„•**'" 



6 

and Nicaragua — in the Convention of Arbitration about boundary 
lines dated December 24th, 1886, — wisely fixed the term of thirty 
days, after the notification of the arbitral award to the Governments 
— for the execution of the Award. 

If Costa Rica accepted then such precise period of time, it is 
not unreasonable that the French arbitral award should commence 
to produce its efi'ects one year after having been rendered. 

Besides the Colombian Government deems itself bound to 
attend to the territories recognized by that award as a portion of 
its dominions, establishing Custom Houses and Inspection Offices, 
founding military and agricultural colonies, initiating the mission 
service, making the necessary provisions for the political and judi- 
cial administration, and employing such means as may be necessary 
for the promotion and development of the natural resources and 
wealth of the country and the advancement of the regions, the 
boundaries of which have been fixed. 

Therefore, and leaving aside other reasons the enumeration of 
which would perhaps be tiresome to Your Excellency, the Govern- 
ment of Colombia, about the middle of September of the current 
year, will send Commissioners to take possession of the territories 
that have been adjudicated to it in accordance with the arbitral 
award — and to deliver to Costa Kica those belonging to it. In my 
opinion, the natural boundaries fixed by the arbitrator rendered 
this operation easy and practicable. 

But inasmuch as there might arise some doubts, and as my 
Government wishes that the demarcation may be completed with- 
out any invasion into Costa Kican territory, and in the most just 
and fair manner possible, it will send simultaneously with the Com- 
missioners — a Scientific Commission the duties of which I shall 
mention hereafter, and which Commission will arrive at this Capital 
(should your Excellency prefer this place for the meeting of same 
rather than some other place in Colombia) about the 1 5th of Sep- 
tember of the present year. I have deemed proper to mention the 
advisability of making such arrangements that the occupation and 
delivery of the territories may coincide with the arrival of the 



Scientific Commission ; but if Tour Excellency prefers that the occu- 
pation, instead of coinciding with the arrival, should be after the 
same, and wishes, to that effect, to fix a date, I think that the 
Colombian Government will have no objection to doing so. 

It is unnecessary to say that said Scientific Commission shall 
meet with another of the same character, which I have no doubt 
the Costa Eicau Government will appoint for the date I have men- 
tioned. 

In order that both Commissions may have the same personnel, 
I take pleasure in informing Your Excellency, in advance, that 
the Colombian Commission will be composed of one Chief Engineer, 
two Assistant Engineers, a Secretary — who also acted as an As- 
sistant Engineer, an Attorney, a Physician, a Naturalist and a 
Di'augbtsman. 

This Commission shall be completed by an Engineer whose ap- 
pointment shall be requested by both interested parties from His 
Excellency the President of the French Republic, and its duties 
shall be the following : whenever in carrying out the practical 
operations, the Commissions of Costa Rica and Colombia should 
disagree, the point or points shall be submitted to the opinion of 
the Engineer appointed by His Excellency the President of the 
French RepubUe. This Engineer shall have full powers to decide 
any kind of difiiculties that may arise, and, in accordance with his 
decision, the operations in question shall be unavoidably executed. 

Such expenses as may be incurred by virtue of the sending and 
stay of the French Engineer, as well as the salaries due during all 
the period of time that the fulfilment of their functions may re- 
quire, shall be paid equally the two Republics. 

The duties of the Mixed Commission shall be the following, if 
the Government of Your Excellency does not deem necessary to 
add, omit or change some of them : 

1. — To determine at which point the frontier shall or shall not 
be fixed by means of landmarks, preferring to' omit them wherever 
the boundary line is fixed by natural elements or accidents, as is 
usually the case. 



8 

2. — To fix in such places as may be determined — posts, pilots 
or other durable signs, so that the boundary line shall be unmis- 
takable and distinguishable at any time — with absolute security. 

3 — Whenever there should arise doubts or disagreements, the 
same shall not cause the discontinuance or suspension of the sur- 
vey or setting of landmarks of the frontier, except in that part ivitli 
regard to which the disagi-eement has occurred, 

4 — Costa Ricans or Colombians who may pass from one juris- 
diction to another, shall preserve their nationality, unless they 
should apply for a new one by means of a sworn declaration before 
the proper authority, within six months after having resided under 
the new jurisdiction. 

The creation of the Mixed Commission, as well as the duties, 
shall be those generally established by international practice in 
similar cases. 

I have textually copied from Article 2 of the Convention of 
March 27th, 1906, entered into between Costa Rica and Nicaragua 
for the surveying and demarcation of their boundary line, the man- 
ner of overcoming such doubts as may arise on account of the com- 
pliance with the arbitral award. Therefore, it is a procedure 
already adopted and practiced by Costa Rica, and it is a wise, 
rapid, and beneficial one. The Government of Columbia feels quite 
confident that Costa Rica will not, in the demarcation of its 
southern frontiers, adopt a different procedure from that it em- 
ployed in the northern frontiers, and I assure Your Excellency in 
advance that my Government shall not adopt any other procedure. 

Therefore, the Columbian Government shall request that His 
Excellency the President of the French Republic appoint an en- 
gineer arbitrator, and it hopes that the Government of Costa Rica 
will do likewise, in order that it may complete in due time the 
Commissions of both countries. 

Your Excellency will readily perceive that the spirit of my Gov- 
ernment in disregarding the solving of such doubts and ambiguities 
as the French Award may contain for its proper fulfilment, leaving 
it to the Mixed Commission and in the last resort to the arbitrator. 



9 

is none other than the earnest desire of avoiding any cause of dis- 
cussion and disagreement with the Government of Costa Rica. Fur- 
thermore, this fact will prove to Your Excellency the unflinching 
purpose of my Government that the Loubet Award shall be com- 
plied with within the strict limits of honesty and justice, it being 
a natural consequence of the methods adopted by both Governments 
for the settlement of their disputes about boundary lines. 

I take pleasure in renewing to Your Excellency the assurances 
of my personal esteem and high and distinguished consideration. 

(Signed) Lobenzo Mabeoquin. 

It is a true copy — taken from the book entitled " Documentos 
relatives £ la Controversia de Limites con la Republica de Panama " 
of the Office of the Secretary of Foreign Relations of Costa Rica, 
pages 11 to 15, — National Printing OfBce. — San Jose, Costa Rica, 
OfBcial Publication. 

Belisabio Poeeas [Seal] 

E. E. & M. P. of Panama. 
Washington, D. C, April 25, 1911. 

Letteb ibom the Ministee of Foeeign Affairs of Costa Rica, 
Dated July 27th, 1901, m Reply to the Colombian Minister op 
Foreign Affairs. 

San Jose, July 27, 1901. 
Office of the Secretary 
of Foreign Relations. 
Sib:— 

This Office received in due course three notes from His Excel- 
lency Dr. Lorenzo Marroquin, Envoy Extraordinary and Minister 
Plenipotentiary of that Government before this Republic, dated 
January 26th and February 27th of the current year, to which 
I have not had the opportunity to answer fully, both because the 
illness of His Excellency the President of the Republic at the time 
prevented him from taking cognizance of the important matter 



10 

elucidated therein, and because His Excellency Minister MaiToquin 
went away shortly afterwards. 

In the first two communications, the distinguished Colombian 
diplomat proposed the execution of a regulative pact in order to put 
in practice the arbitral award rendered by His Excellency the 
President of the French Eepublic on the 11th day of September of 
last year on the boundary litigation of Costa Rica and Colombia, 
and in the latter communication he suggested the idea that it was 
not essential that the agreement for the fulfillment of international 
awards should be regarded as a pact, it being suflScient for the pur- 
pose that either Government notify the other as to the date and 
conditions on which it purposed to occupy the lands 
awarded to it, and surrender those which did not 
belong to it ; and finally he informed my Government that the 
Government of Your Excellency would, about the middle of Sep- 
tember of the present year, send commissioners to take possession 
of the respective territory and, at the same time send a scientific 
commission to this capital in order that, together with that ap- 
pointed by Costa Eica and with an engineer arbitrator whose ap- 
pointment would be requested of the French Government they pro- 
ceed to cany out certain operations relating to the demarcation of 
the boundary line. 

It is gratifying to me to inform Your Excellency in reply, that 
Costa Rica listens with special pleasure to all such propositions 
directed to put an end to this old dispute and accepts that either 
through a formal agreement or by means of a simple exchange of 
notes, the basis be established in accordance with which the setting 
of landmarks shall be made, provided both parties shall have fixed, 
beforehand, and in the usual way, their understanding as to a 
point, the solution of which is an indispensable antecedent to the 
setting of landmarks. 

I refer, Mr. Minister, to the exact direction of the boundary 
line on the Atlantic side. Upon this subject, my Government as 
soon as it heard of the arbitral award, gave instructions to our 
representative in Paris to declare before the arbitrator that Costa 



u 

Eica construed the arbitral award just as it appears in the statement 
submitted to that effect, a copy of which I have the honor to send 
Tour Excellency. The explicit statement of the Costa Eican Min- 
ister was answered by the arbitrator in terms of perfect accord, as 
may be seen in the copy of his reply which Tour Excellency will 
also find enclosed. 

In thus acting, my GoTemment was animated by the lofty pur- 
pose of expurgating that solemn decision of any blemish or senti- 
ment contrary to the spirit of justice in which it is assuredly based, 
for, as Tour Excellency will readily see, any interpretation different 
from that which Costa Eica has given it, and that, impairing her 
undisputed rights, might go beyond the -claims of Colombia now in 
litigation, would weaken the arbitral award. 

In view, therefore, of the opinion of Costa Eica which tends to 
maintain unimpaired the validity of the arbitral award and is, on 
the other hand, supported by the opinion of the Arbitrator, this 
Government believes that the Government of Tour Excellency will 
cheerfully accept it. But if, contrary to all expectations, it shoxild 
not be so accepted, and since it is indispensable to reach an agree- 
ment on the matter, inasmuch as in the absence of accurate geo- 
graphical elements the Arbitrator, as he himself has declared it, 
could not fix the boundary line, except by means of general infor- 
mation which he found it to be difiBcult to determine with precision 
on a map, this Government deems it proper to open negotiations 
directed to overcome such difliculties in a friendly manner and 
most in accordance with the good will and perfect understanding to 
which we are invited by the high authority of the Judge, in order 
to complete his work. 

I avail myself of this opportunity to offer Tour Excellency the 
assurances of my highest consideration. 

(Signed) Eicaedo Pacheco. 

This is a True Copy — taken from the book entitled " Docu- 
mentos Eelativos a la Controversia de Limites eon la EepubUca de 
Panama," of the Office of Foreign Eelations of Costa Eica, pages 15 



12 

to 17 inclusive. National Printing OflBce, San Jose, Costa Rica. 

OflScial Publication. 

Belisakio Poeeas. [Seal] 

E. E. & M. P. of Panama. 

Washington, D. C, April 25, 1911. 

An Act Signed at the City of Panama, March 6th, 1905, by 

THE EePEESENTATITES OF THE EePUBLICS OF PANAMA AND CoSTA EiCA, 

Whereby They Solemnly Declared on Behalf of Their Eespec- 
ttve Countries : 

(Translation) 

The signing Eepublics solemnly declare that in compliance -witli 
the dispositions and provisions of the respective laws and treaties 
and the Official declarations made by the Parties, the territorial 
limit dispute kept up for many years by the Eepublic of Colombia, 
formerly owner of the territory in litigation, now belonging to the 
Eepublic of Panama, and the Eepublic of Costa Eica, was decided 
by the Award rendered by His Excellency the President of the 
French Republic, at Eambouillet, September 11, 1900, on the re- 
spective arbitral litigation, and in virtue of which, the frontier being 
fixed by the High Judge by means of general indications, the ma- 
terial determination of the same was, therefore left to the mutual 
opinion prompted by the spirits of conciliation and best harmony 
on which the two interested States have been inspired up to the 
present time." 

In Witness whereof we set our hands and affix our seals on 

duplicate copies, at the city of Panama, this sixth day of March, 

1905. 

Santiago de la Guardia. 

Leonidas Pacheco. 

National Executive Power, Panama, March 6, 1905, 

Approved, 

M. Amador Guerrero 
The Secretary of State and Foreign Affaires. 

Santiago de la Guardia. 



13 



Note of the Secketaby of Fokeign Relations of the Eepublic 
OF Pasajia, Dated January 9, 1909, Addressed to the Minister of 
THE United States, ilE. Herbert G. Sqtjiees. 

Department of Foreign Eolations. 

N° 8/11 
Panama, Jannaiy 9, 1909 
Me. Mimstee : 

I take pleasure in acknowledging receipt of the kind communi- 
cation of Tour Excellency of the 2nd instant, to which Your Excel- 
lency added a copy of a cablegram relating to the controversy about 
the boundary line between Panama and Costa Eica, addressed by 
the State Department of the United States of America to Tour 
Excellency — in reply to a previous cablegram from that Legation. 

As I have already had the honor of verbally informing Tour 
Excellency, my Government refuses to submit the point to a new 
decision, and has decided to accredit a Legation in San Jose, Costa 
Eica, in order that the two Eepublics may, in a fi-iendly manner, 
attain a final settlement of this impoi-tant question. But, if after 
exhausting all proper means in such negotiations, they should fail 
to obtain the desired result, my Government will cheerfully accept 
the good services of Tour Excellency, and will, of course, submit 
with pleasure to the learned award of the Honorable Chief Justice 
of the Supreme Court of the United States any point or points that 
might be the cause of disagreement in fixing the boundary line 
between the two countries — in accordance with the Loubet Arbitral 
Award. 

Message of President Cleto Gonzalez Viqdez of the Eepublic 
OF Costa Eica, addressed to the Constit u tional Congress of that 
Eepublic on the 1st of May, 1909. And Published k Special 
Pamphlet in the National Printing Office ok said Country. 

The question of boundary with Panama is about to be defined 
— and just during these last days there has arrived at this Capital 



14 

a Legation of that Republic — presided over by the distinguished 
statesman Doctor Belisario Porras, who will discuss the matter. 

The Pacheco-Guardia Treaty having expired, it is proper, if 
there were not an agreement between both countries indicating the 
boundary line, to decide as to which of the two different interpre- 
tations of the Loubet Arbitral Award is the one which is in accord 
with the spirit of the decision and with the validity of the pro- 
cedure, and, for that purpose, to resort to a new arbitration. 

At all events, it is necessary to trust in the good will with which 
both countries treat each other, having been united during a long 
time by an unbroken and inalterable friendship, and also in the 
conciliatory disposition shown by both Governments in this respect, 

I beg to be allowed to mention at this moment the important 
services rendered to his country in connection with this matter by 
our Special Minister in Wasliington, Licenciado Luis Anderson. 

Powers from the Constitutional President of the Eepublic 
OF Panama to Doctor Porras, Minister of Panama to Wash- 
ington — ON A special mission TO ENTER INTO A BOUNDARY ARBI- 
TRAL Convention with the Republic of Costa Rica. 

Jose Domingo de Obaldia, Constitutional President of the Re- 
public of Panama. 

In the name and by authority of the Nation. 

Whereas, the Government of the Republic of Costa Rica and 
the Government of the Republic of Panama, have duly taken into 
consideration and agreed that, in order to determine the topograph- 
ical location of the boundary line which was finally and geograph- 
ically fixed between the two neighboring Republics, by virtue of 
the Loubet Arbitral Award of September 11, 1900, it has been 
deemed advisable to have an interview which will take place in the 
Offices of the State Department of the United States of North 
Ameri ca in the Capital City of Wasuingtou, D. C, and to wh ich will 
attend the Honorable P. C. Knox, Secretary of. State of the Govern- 
ment of the United States, His Excellency the Minister of the Re- 
public of Costa Rica, on a Special Mission, and the Representative 



15 

of the Eepublie of Panama, in which interview will be commenced 
the meetings which will clearly explain everything concerning the 
di-afting of a Protocol which will fix the bases and conventions for 
the celebration and ratification of territorial limits, of a final and 
permanent character with the neighboring and friendly Eepublie ; 

Wheeeas, the Government of the Eepublie of Panama should 
establish a legal representative and invest him with full powers re- 
quired for the successful fulfilment of the delicate functions of this 
high Mission, before the Government of the United States of 
America and before His Excellency the Minister of the Eepublie of 
Costa Eica on a Special Mission, and it being necessary for me to 
designate the person having the necessary qualifications for that 
purpose ; 

Therefoee : I have seen fit to elect and appoint, and hereby do 
elect and appoint his Excellency Dr. B. Porras, the present Minister 
Plenipotentiary aud Envoy Extraordinary of the Eepublie of 
Panama before the Government of the Eepublie of Costa Eica, in 
order that, invested with the Power of a Plenipotentiary of my 
Government, on a Special Mission, may represent the Eepublie of 
Panama, before the Government of the United States of North 
America and discuss, contract, settle and sign with such Plenipo- 
tentiary as for this same purpose may have been designated by the 
Government of the Eepublie of Costa Eica, all such conventions, 
clauses and stipulations as may be necessary for a proper call 
which shall serve as a basis for the conclusion, ratification and ex- 
change of a Treaty of Territorial Limits, of a final and permanent 
character, between the Eepublie of Costa Eica and the Eepublie of 
Panama, which protocol shall be in accord, in the first place and 
above all, with the principle of strict acknowledgment by both 
contracting parties of the arbitral award which His Excellency 
Emile Loubet, President of the French Eepublie, rendered on 
September 11, 1900, known in all the 'Diplomatic Chancel- 
lories and Agencies by the name of the Loubet Arbitral 
Award ; an arbitral award which the two States of Costa Eica and 
Panama agree in advance to accept as final decision the compliance 
of which is obligatory on both parties, and, in the second place, to 



16 

limit themselves to the Special Instructions which have beeu com- 
muuicated to His Excellency the Minister of Panama on a Special 
Mission, instructions which His Excellency the Eepresentative may 
enlarge, restrict, modify, reform, substitute or add to, in conformity 
with the spirit of justice in which the Government of the Eepublic 
of Panama was inspired at the time of issuing them, and whenever, 
in the learned judgment of His Excellency the Minister Plenipo- 
tentiary of the Republic of Panama, on a Special Mission, he may 
deem that such enlargement, restrictions, modifications, reforms, 
substitutions or additions, may tend to the complete success of the 
Mission entrusted to him to the benefit of the interests of the Na- 
tion. And everything that His Excellency Dr. B. Porras in his 
character and capacity as Minister Plenipotentiary and Envoy Ex- 
traordinary of the Republic of Panama, before the Government of 
the Republic of Costa Rica on a Special Mission, and before the 
Government of the United States of North America may execute in 
compliance with this Mission, within the special powers which 
this Plenipotentiary confers on him in order to fix and continue 
all the preliminary negotiations of the protocol, is hereby 
accepted and ratified, and shall be observed and complied 
with, and shall be caused to be observed and complied with the 
same as if the Nation itself had executed it. And for this purpose 
I ratify and grant to His Excellency Dr. B. Porras, Minister Pleni- 
potentiary and Envoy Extraordinary, on a Special Mission, the full 
powers which in the most ample legal form are required. 

And in testimony whereof I have caused these presents to be 
issued, signed under my hand, duly sealed and countersigned by the 
undersigned my Secretary of State in the Office of Foreign Rela- 
tions. Given at the National Palace of Panama on the twentieth 
day of the month of December of the year One thousand nine hun- 
dred and nine. 

(Signed) J. D. de Obaldia. 

(There is a seal) 

The Secretary of. State in the 
Office of Foreign Relations. 

(Signed) S. Lewis. 



17 



Note op the Seoeetakt of Foreign Affairs of the Republic of 
Panama — Dated December 21st 1909, to Doctor Poreas, 
Minister of Panama to Washington— on Special Mission — 
in Charge of the Negotiations for an Arbitral Convention 
with the Eepdblic op Costa Rica. 

No 924/1. 

Panama, December 21, 1909. 
Your Excellency : 

This Note is accompanied by a copy of the correspondence 
passed between the State Department of the United States and our 
Legation in Washington, and by it Your Excellency will see that 
the date of the 15th of January next has been fixed for the holding 
of an interview between Secretary Knox, the Special Envoy of Costa 
Rica, and the representative of the Republic of Panama. 

I have been directed by His Excellency the President of the 
Republic to notify Your Excellency of the fact that Your Excellency 
has been appointed to perform the duties of this Commission. So 
that, on the aforesaid date, Your Excellency must be in Washington 
in the capacity of Envoy Extraordinary and Minister Plenipotentiary 
of the Republic of Panama in Costa Rica, on a Special Mission 
before the Government of the United States of North America, and, 
for that purpose, enclosed Your Excellency will find the necessary 
authorization. 

When it was decided that the Legation of this Republic in 
Washington should take charge of these negotiations, the precise 
instructions enclosed in the communication were prepared, not in 
order that Your Excellency should exclusively restrict to them, 
but so that Your Excellency may know the opinion of the Govern- 
ment of this nation, which, being aware of Your Excellency's 
attainments, intelligence and patriotism, leaves- Your Excellency 
ei\tirely at liberty to end this question in such form as Your 
Excellency may deem most convenient, only with one exception, 
namely, that the first condition must be the absolute acknowledg- 
ment of the Loubet Arbitral Award, because the Republic of 



18 

Panama shall always be consistent with its ideals and opinions, and, 
therefore, it must show the respect it feels for the principle of arbi- 
tration which it has invariably upheld. 

I also beg to call the attention of Your Excellency to the advisa- 
bility that, in the settlement of this matter, Your Excellency 
should act in accord with Mr. William Nelson Cromwell, Counselor 
of the Legation of Panama in Washington. 

I take pleasure in renewing to Your Excellency the assurance 
of my highest personal esteem and most distinguished considera- 
tion, and remain. 

Your obedient servant, 

(Signed) S. Lewis. 

Enclosures : 

Three copies and note of instructions. 

Note op the Honobable Philander C. Knox, Secretary of 
State of the United States, dated February 2, 1910, addressed 
TO Minister Pobras on a Special Mission in Washington. 

February 2, 1910. 
Sib: 

I have the honor to inform you that, for several reasons, the 
Department of State deemed it advisable not to delay further the 
sending of a telegram to our Legation at Panama in reference to 
the proposed boundary arbitration of your country with Costa 
Rica. Accordingly, the Department telegraphed yesterday, Feb- 
ruary 1st, instructing our Charg^ d' Affaires at Panama to call the 
attention of the Government of Panama to the fact that the De- 
partment's telegram to him of December 7th and the instruction 
of December 18th made it clear that there was no intention to limit 
the boundary issue between Panama and Costa Eica to the mere 
interpretation of the Loubet Award ; that the United States Gov- 
ernment thinks, and has said and now repeats that the crucial 
matter to be submitted to arbitration is the respective contentions 
of the two Eepublics as to the true boundary line ; that by the 



» 19 

foregoing statement of the real issue this Government merely in- 
dicates its friendly opinion and disclaims any desire to influence the 
free agreement of the two Bepublics or the cause of the proposed 
arbitration ; that the responsibility for the arbitration and for the 
success or failure of the pending negotiations must rest with the 
two Republics, but that this Government nevertheless deems it 
proper to say that in view of all the facts, it has felt some 
degree of surprise upon learning the tenor of the powers of the 
Special Minister of Panama, which are not full powers as designated 

. in certain passages thereof, but powers restricted to the negotiation 
of a protocol founded upon the strict acceptance, first and above 
all, by both contracting parties of the Loubet Award, and further 
hampered, it seems, by special instructions which limit his freedom 
and independence of action. That this Government respectfully 
bat earnestly represents that such are not full powers, are not 
adequated to the task in hand, and are not equivalent to the unre- 
stricted powers of the Special Minister of Costa Rica, and, there- 
fore, should be amplified by telegraph to secure progress in the 
negotiations. That this Government further feels that its own 
attitude, assumed before the Special Minister of Panama was 
accredited, shows that it believed full powers were needed and were 
confidently awaited in order to settle the real and broad question as 
to the true permanent boundary, but that the unavailing negotia- 
tions with Costa Rica for nearly ten years last past had made it 

. clear beyond peradventure that this long-standing controversy can- 
not be settled by insisting on a mere interpretation of the Loubet 
Award. That during the said period Costa Rica had insisted 
that the Loubet Award — was void in part at least on the 
ground of ultra petita or impaired or vitiated by ambiguity 
and uncertainty, and that this contention was not in viola- 
tion of the original agreement of submission which contem- 
plated an award with the defined limit of the claims and not 
technically void for uncertainty. That this Government represents 
further and suggests that, considering these facts, the terminal 
terminal points of the Loubet Award should now be finally agreed to 



20 

as accepted by both parties, namely, Punta Burica and Punta Mona, 
and that the boundary drawn from oue to the other should be sub- 
mitted and determined without restriction in tlie light of the Loubet 
Award as well as in the light of all allegations, contentions, evi- 
dence and arguments submitted by both parties. That, admitting 
as all must do, a moral obligation flowing from the Loubet Award, 
the question submitted by this Government to the Panama Gov- 
ernment is whether, considering the long practical deadlock of this 
controversy and the past unyielding attitude of both Governments, 
it is not now most important and indeed necessary to dwell upon 
and emphasize the moral and practical importance of peace and 
good neighborhood and the amicable settlement of a historic con- 
troversy which has been and this Government feels will evidently 
continue to be rendered impossible in case the acceptance of the 
Loubet Award be insisted upon. 

That, finally, this Government feels itself entitled to urge the 
importance of a prompt, practical and final settlement of the matter 
by reason of the large property interests of its citizens located in 
the disputed territory, which are unfavorably afi"ected by the ambig- 
uous and unsettled status of the boundary question, and by reason 
of its guarantee under the treaty of 1903 with Panama of the inde- 
pendence of that Eepublic, which gives it the right to know as 
speedily and definitely as may be the true boundaries and the exact 
extent of the territory the independence of which it has guaranteed. 

Accept, Sir, the renewed assurance of my highest consideration. 

(Signed) P. C. Knox. 

It is a true copy. — taken from the files of the Panama Legation 
in Costa Eica — on a Special Mission in Washington, D. C. 

Belisario Poeeas. [Seal]. 

E. E. & M. P. of Panama. 
Washington, D. C, April 25, 1911. 



21 

Note of the Amebican Legation in Panama, Dated Febedaey 3, 
1910, Addressed to the Minister of Foreign Relations of Pan- 
ama, Informing Him of the -Cablegram from Secretary Knox 

Dated February 1st of the Same Year. 

American Legation, Panama. 
No. 262. 

February 3, 1910. 
Excellency : 

I have the honor to advise Your Excellency of the receipt of a 
telegraphic instruction from my Government, dated the 1st instant, 
which I brought informally last evening to the attention of Your 
Excellency, yesterday being a holiday and the Foreign OflSce closed, 
and of which I beg to be permitted to deliver a copy. 

It refers to the negotiations now pending in Washington be- 
tween the Special Ministers of Panama and Costa Eica, respec- 
tively, relative to the boundary controversy between these two Ke- 
publics. 

I avail of the opportunity to assure Your Excellency of my 
highest esteem and most distinguished consideration. 

(Signed) George T. Weitzel, 

American Charge d'Affaires ad-interim. 

Accompaniment : 

Copy of State Department's telegram of February 1, 1910. 

His Excellency Samuel Lewis, 

Secretary for Foreign Relations of 
the Republic of Panama, 
Panama. 

[Copy of Cable Dispatch.] 

American Legation, Panama. 

Washington, February 1, 1910. 
American Legation, 

Panama. 

Kindly avail yourself of the first opportunity to make the 

following discreet but urgent suggestion to the Government of 



22 

Panama, namely : That this Government, by its telegram to you, 
dated December 7tli, and by the iustructions of December 18th, did 
clearly express that it had no intention of limiting the discixssion 
on boundaries between Panama and Costa Rica to the mere inter- 
pretation of the Loubet Arbitral Award ; that this Government 
believes, has already stated and now repeats, that the decisive 
points which mnst be submitted to arbitration are the respective 
claims of the two Republics regarding the true boundary line ; 
that by the foregoing statement of the true object, this Government 
simply states its friendly opinion and disclaims any desire whatever 
to exercise influence in the voluntary agreement of the two Re- 
publics or in the direction of the proposed arbitration ; that the 
responsibility for the arbitration and for its happy success or 
the failure of the pending question should rest with the two Re- 
publics. But in spite of that it seems to this Government that it 
is proper to state that, taking into consideration all the facts, it has 
felt some surprise upon learning — the tenor of the powers con- 
ferred on the Minister of Panama on a Special Mission, which 
powers are not full as can be seen by some of its passages 
but are powers limited to the negotiation of a protocol 
the basis of which shall be the strict acceptance first 
and above all, by both contracting parties of the Loubet 
Arbitral Award, and, besides this, with restrictions, as it seems, by 
special instructions which curtails his liberty and independence of 
action. This Government very respectfully but with all serious- 
ness remarks that the powers in question are not full powers, are 
not adequate for the mission undertaken and are not in accord with 
the unlimited powers of the Minister of Costa Rica on a Special 
Mission, and, therefore, should be enlarged by cable in order to 
facilitate the progress of the negotiations. Besides, this Govern- 
ment thinks that its attitude, assumed before the Minister of 
Panama on a Special Mission was accredited, shows that said 
Government thought that full powers were necessary and confi- 
dently expected them for the purpose of settling the true and im- 
portant question concerning the actual permanent boundaries, and 



23 

that the unsuccessful negotiations with Costa Rica during nearly 
the last ten years had clearly demonstrated, without the least 
doubt, that this long controversy cannot come to an end by insist- 
ing on a mere interpretation of the Loubet Arbitral Award. During 
the aforesaid period Costa Rica has insisted that the Loubet Arbi- 
tral Award was null, in part at least, by reason of ultra-petita or 
useless or vitiated by its ambiguity or doubt, and that such pre- 
tence was not in violation of the original agreement of arbitration, 
the object of which was to obtain an award within the de- 
fined limits of the claims, and not technically void or null 
owing to doubt. Furthermore, this Government observes and 
suggests that in view of these facts the final points of the 
Loubet Arbitral Award should be now definitely adjusted just as 
they have been accepted by both interested parties, that is to 
say, in Punta Burica and Punta Mona, and that the boundary line 
drawn from one to the other be submitted and determined without 
restriction, bearing in mind both the Loubet Arbitral Award and 
all the allegations, pretensions, proofs and arguments submitted by 
both parties. 

Admitting, as all must indeed admit, a moral obligation flowing 
from the Loubet Arbitral Award, the question sxibmitted by this 
Government to the Government of Panama is, whether considering 
the long deadlock of this controversy and the inflexible attitude of 
the two Governments in the past, it is not now of the utmost im- 
portance and really necessary to expend and emphasize the prac- 
tical and moral importance of peace and good neighborhood and 
the friendly termination of a historical controversy which it has 
been impossible to settle, and that this Government believes will 
continue to be impossible to adjust in case the acceptance of the 
Loubet Arbitral Award is insisted upon. 

Finally, this Government considers itself to have the right to 
recommend the importance of a prompt, practical and final settle- 
ment of the matter by reason of the valuable interests of its citizens 
who are established in the territory in dispute, which interests are 
unfavorably affected owing to the uncertain and ambiguous state of 



24 

the boundary question and by reason of the guarantee, in accord- 
ance with the Treaty of 1903 with Panama, of the independence of 
said Eepublic, which confers on it the right to know, as speedily 
and accurately as possible, the real boundary and the exact extent 
of the territory the independence of which it has guaranteed. 

(Signed) Knox. 
Department of Foreign Relations, Panama, April 21, 1911. 



Cablegram from the Secretary of Foreign Eelations of the 
Republic of Panama to the Minister of Panama on Special 
Mission in Washington. 

Panama, February 5th, 1910. 

PORRAS, 

Panama Legation, 

Washington, D. C. 

American Minister at Panama ofiBcially communicated cable re- 
ceived from Secretary of State of the United States urging your 
powers to be enlarged and the following is the substance of our writ- 
ten reply delivered to-day. President Obaldia has issued in favor 
of Porras the fullest powers allowed in this matter by Constitution 
of Eepublic of Panama — and quoted Article Third. Then explained 
that proceeded correctly including Loubet Award in its Constitu- 
tion since said Award has been accepted not only by Eepublic of 
Colombia, Eepublics of Panama and of Costa Rica, but also by 
United States, and quoted Note of Secretary of State to Governor 
(Minister) Magoon, No. 32, dated April 16th, 1906, and finished stat- 
ing that any powers to enter into agreement intended to invalidate 
Loubet Award was a violation of the Constitution. 

Lewis. 



25 



Note of the Sbceetaky of Fobeign Eelations of Panama, 
Mr. Samuel Lewis, op February 6, 1910, to the American Lega- 
tion IN Panama. 

No. 570 

Department of Foreign Relations 

Panama, February 6, 1910. 
Honorable Sir : 

Tour esteemed note No. 262, dated yesterday, brought me a 
copy of the cable instructions of your Government relating to the 
negotiations which are now in progress in Washington, between 
the Minister of Panama on a Special Mission, and the Minister of 
Costa Rica, concerning the pending boundary controversy between 
the two Eepublics. 

My Government expresses its thanks for the declaration therein 
contained that the Government of the United States limits itself to 
the giving of its friendly opinion in the matter, and that it emphati- 
cally denies all desire to exercise its influence in the voluntary 
agreement of the two Republics or in the direction of the proposed 
arbitration, and that the responsibility of the success or failure of 
the pending negotiations, should concern only the two Republics 
interested in the litigation. 

Nevertheless, in its capacity of friendly mediator, the 
Government of the United States deems proper to 
state that, taking into consideration all the facts, 
it has felt some surprise on learning the tenor of the 
powers conferred on the Envoy of Panama on a Special Mission, 
which are not full powers, as is shown by some of its passages, but 
powers limited to the negotiation of a protocol the basis of which 
shall be the strict acceptance, first and abc^ve all, by both contract- 
ing parties of the Loubet Arbitral Award and, besides, with restric- 
tions as it seems, by special instructions which curtail his liberty 
and independence of action. 



26 

I hasten to inform yon, in order that you may kindly commu- 
nicate it to the State Department, in reply to the cable instruc- 
tions which are the subject matter of your aforesaid note, that the 
Government of the Republic of Panama has invested his Special 
Envoy, Dr. Belisario Porras, charged with the settlement in Wash- 
ington of the old boundary controversy between this Republic and 
that of Costa Rica, with the fullest powers which the Panaman 
Executive is able to grant, bearing in mind tbe Constitution and the 
national laws, and the respect that the final arbitral award of an 
arbitrator and the permanent interests of the Nation should inspire 
to every civilized country. 

In fact Article 3 of the Constitution of the Republic of Panama 
determined the territory of the Nation in the following form : 

" The territory of the Republic is the same which, under 
the Act of February twenty-seventh, eighteen hundred and 
fifty-five, additional to the New Granada Constitution of 
eighteen hundred and fifty-three, formed the State of Panama, 
and became afterwards, in eighteen hundred and eighty-six, 
the Department of Panama, with its islands, and the insular 
territory which was awarded to the Republic of Colombia by 
the President of the French Republic on September eleventh, 
nineteen hundred. The territory of the Republic remains 
subject to the jurisdictional restrictions stipulated or which 
may be stipulated in public treaties with the United 
States of America for the construction, maintenance or sani- 
tation of any route of interoceanic transit. 

The boundaries with the Republic of Colombia shall be 
determined by treaty." 

Such determination implied the respect and obedience which the 
the young Republic felt for the equitable and civilized principle of 
arbitration, and, besides, it was exactly in accord with the facts and 
circumstances existing from the eleventh of September, 1900, the 
date on which President Loubet rendered at Rambouillet his arbi- 
tral award in the pending controversy between the two Republics, 
and on February 13, 1904, when the Constitution of Panama was 
signed, because between Colombia and Costa Rica the Loubet 



27 

Arbitral Award had only been discussed with regard to the exact 
manner in which it should be interpreted. It is so stated in the 
note of September 29, 1900, addressed to His Excellency M. Del- 
cass4 Minister of Foreign Eelations of the French Eepublic, by 
His Excellency Mr. Manuel M. De Peralta, Minister of Costa Eica 
in Paris, and in subsequent communications and documents. 

The attitude assumed by the Eepublic of Panama upon adopt- 
ing its Constitution was, on that point, entirely correct, inasmuch 
as M. Delcasse, in the first paragraph of his reply of November 
23, 1900, to the note of Minister Peralta, above quoted, said : 

" But it is not doubtful, as you will observe, that, in 
conformity with the provisions of articles 2 and 3 of the 
Convention of Paris of January 20, 1886, this boundary line 
should be drawn within the territory in dispute, as appears 
from the text of said article." 

This declaration protected forever and in a final manner the 
said arbitral award, against any semblance of nullity and rendered 
improper the argument of xiltra petita alleged by Costa Eica. 

After the advent of the Eepublic of Panama, the Arbitral Award 
has been discussed by the contracting parties only with regard 
to its interpretation but never concerning its validity or binding 
power. This fact is corroborated by the messages of the difl'erent 
Presidents of Costa Eica addressed to the congresses of that 
nation, as well as in the attempts of settlement proposed by 
Panama, either in the form of a treaty as is deduced from the 
Guardia-Pacheco treaty, or in the preliminaries of the arbitration con- 
templated as is seen in the note by which this Government accepted 
the good offices of the United States, and that therein in 
an explicit manner, she refused to submit the point to a 
new decision, but it simply agreed to submit to the decision of the 
Honorable Chief Justice of the Supreme Court of the United States 
any point or points of disagreement upon fixing the boundary line 
between the two countries, in accordance with the Loubet Arbitral 
Award ; and, finally, as it appears to be established in the spirit of 



28 

the State Department, as is seeu in the note of instructions that 
the Honorable Elihu Root sent to the Honorable Charles E. Ma- 
goon by note No. 37 of April 16, 1906, which was officially commu- 
nicated to Secretary Arango on the 21st of December, 1908, by 
Minister H. G. Squiers, the fourth paragraph of which textually 
says : 

" The first of these points was that, in conformity with 
the Loubet Arbitral Award of 1900, which was accepted as 
final by Colombia and Costa Bica, the territory included in 
the McConnell plantation was adjudicated to Colombia (now 
Panama), and became subject to the jurisdiction of said 
country." 

And then in the following paragraph, it says : 

" And at the same time, it cannot be denied that the 
sovereignty de jure has been in Colombia and Panama since 
the Loubet Arbitral Award, it having been accepted by 
Panama and Costa Eica, so that, either by virtue of said 
award or by the pending boundary treaty (Guardia-Pacheco) 
the territory finally will be under the jurisdiction of 
Panama." 

And in conclusion, in the following paragraph of said instruc- 
tions, with this declaration : 

" And in accordance with the opinion of the Department, 
Costa Rica exercises a provisional de facto sovereignty over 
the territory included in the McConnell concession, subject, 
in accordance with the law, to be dispossessed at any 
time and at the will of Panama, but continuing in reality 
until the time the pending boundary treaty is rat- 
ified. It exercises the necessary governmental 
functions for the orderly administration of the District, but 
shall not use this sovereignty in such manner as to impair 
the rights of the sovereign de jure of the territory. Its 
governmental functions are limited by its tenancy, which is 
of a provisional and uncertain character. Its duty is to pre- 
serve the property, not to destroy it, and to deliver it to its 
successor without committing any act tending to impair 
finally the rights of the proprietor de jure." 



29 

The above remarks fully prove that the Loubet Arbitral Award 
has been recognized as a final decision of the boundary controversy 
between Panama and Costa Eica, not only by the parties in interest 
but also by the fi-iendly mediator. Therefore, the Eepublic of 
Panama acted correctly upon fixing, as it did fix in its Constitution, 
its boundary with Costa Eica, in accordance with the Loubet Arbi- 
tral Award : Subject only to such interpretation as might be given 
to said Award, but Panama being convinced that said boundary 
could never be the subject of new treaties, as has been stated with 
regard to the boundary line with Colombia in the paragraph of 
article 3 of the Constitution already quoted. 

Therefore, the spirit and letter of the Constitution permit the 
Panaman-Executive Power to settle the existing difi'erence con- 
cerning boundaries with Costa Eica, based always on an interpreta- 
tion of an award, but in no case is the Executive authorized 
to enter into a public treaty in which the validity of said 
arbitral award is questioned. It wonld imply the flagrant 
violation all the more evident, inasmuch as the constitutional 
precept has subsequently been the subject-matter of a most 
important corroboration in law 6 of 1907, by which the Guardia- 
Paeheco treaty was approved. Article 2 of said law provides : 

" The Executive Power is hereby authorized in order to, 

should Costa Eica fail to approve this treaty, during the next 

regular sessions of its legislature at the latest, suspend the 

• efi^ects of this law and to demand the compliance with the 

Loubet Arbitral Award." 

Thus, therefore, in the most courteous manner, and having given 
the most careful attention to the remarks made by the Department 
of State, I beg to state with all the seriousness which this case de- 
serves, that the powers, without any other limitations, without any 
other restrictions than the previous acknowledgment of the Loubet 
Arbitral Award by both interested parties, granted to the Special 
Envoy, Dr. Porras, are the fullest that the Panaman Executive 
can grant. 



30 

Nevertheless, it should be made known that the Government of 
Panama in its earnest and sincere desire to determine tins old and 
vexatious boundary controversy with Costa Eica, is willing to en- 
large said powers — should they not be sufficiently ample — in such 
form as to render it possible to reach an honorable and satisfactory 
settlement for both parties in interest, always having as a previous 
and indispensable basis the acknowledgment of the Loubet Arbitral 
Award ; the only circumstance which will render such settlement in 
accord with our Fundamental Law. 

I avail myself of the present opportunity to renew to you, Sii', 
the assurance of my greatest personal esteem and of the most dis- 
tinguished consideration with which I have the honor to subscribe 
myself, 

Tour most obedient servant, 

(Signed) S. Lewis. 



Note of the Minister of Panama on a special mission in 
Washington, Db. Belisaeio Porbas, dated Febbuary 7, 1910, 

ADDBESSED TO THE SECRETARY OP StATE OF THE UnITED StATES, 

Philander C. Knox. 

Delivered Feb. 7th, 10-30 A. M. 
Excellency : 

I have the honor to acknowledge the receipt of your favor of the 
2nd inst respecting which I have awaited the further instruction of 
my Government in view of the communication through the Charge 
d' Affaires at Panama which you advised me you had made on the 
1st instant. Since that date my Government has received a com- 
munication from the Charg^ d'Affaires at Panama — which I presume 
to be of the tenor of the cablegram you informed me that you sent 
me on the 1st instant, and to which my Government advised me 
that it has replied, in effect ; that the powers issued to me are the 
fullest powers allowed in this regard by the third article of the 
Constitution of the Republic of Panama ; and that these powers 



31 

properly included the Loubet Award made a part of the Constitu- 
tioD, since that Award has been accepted not only by the Eepublic 
of Colombia, the Eepublic of Panama and the Eepublic of Costa 
Eica, but also by the United States, as appears by the letter of the 
Secretary of State, No. 37, addressed to Minister-Governor Magoon 
on April 16, 1906 ; and that any powers to enter into an agreement 
intended to invalidate the Loubet Award was a violation of the 
Constitution of Panama. 

The discussions which have been had between the Minister of 
Costa Eica on Special Mission and myself under your distinguished 
auspices, developed a radical and fundamental difference as to the 
question to be submitted under the proposed arbitration. 

I respectfully submit that there is no reason for uncertainty as 
to the object of these conferences or as to the subject of the pro- 
posed arbitration, for the history of the Award, the official corre- 
spondence in respect thereto upon the part of- Colombia, Panama, 
Costa Eica and the United States shows that the Loubet Award 
was accepted as binding (as by the terms of the submission it was 
specifically provided), and that the difference between Colombia 
and Panama on the one part, and Costa Eica on the other, 
related solely to a small part of the line and to the interpretation 
of the Award with respect to the small part. 

At the very initiation of the kindly mediation of your Excel- 
lency's Government, when the proposal for the arbitration was 
made through the American Minister at Panama, the Government 
of Panama cordially accepted such mediation but under the most 
explicit declaration of its position in an unofficial reply dated Jan- 
uary 9, 1909, in which it was stated : 

" As I have already had the honor to verbally apprise 
your Excellency, my Government declines to submit the 
point to a new decision and has decided to accredit a Lega- 
tion at San Jose, Costa Eica, with a view of amicably arriv- 
ing at a final settlement of this important matter, between 
the two Eepublics. But if after having exhausted all means 
available in such negotiati( ns, the desired result could 



32 

not be obtained, my Government shall willingly ac- 
cept the good offices of Your Excellency and nat- 
urally will submit, with the greatest pleasure, to the 
wise decision of the Honorable the Chief Justice of the 
United States, any one of the point or points which might 
be the cause of disagreement on fixing the boundary line 
between the two countries, in accordance with the Loubet 
Award." 

No definite understanding being reached between the two Gov- 
ernments following my mission to Costa Rica, I attended here to 
carry out the understanding I have indicated and which the history 
of the affair discloses. This I respectfully submit, was upon the 
understanding that the Loubet Awai-d was to be accepted and was 
only to be interpretated as to that part in disaccord. Many docu- 
ments of controlling importance show this. 

In Tour Excellency's Note of November 2nd, 1909, addressed to 
Don Carlos C. Arosemena, Minister Plenipotentiary of Panama to 
the United States, the purposes of the present meeting of the 
Special Envoys of the Republics of Panama and Costa Kica at 
Washington — is clearly stated as follows : 

" This Government has assumed that the two parties 
were in disaccord as to a part of the Loubet Award and that 
all that is wanted is for each to submit its interpretation as 
to that part of the line in disagreement and invite the arbi- 
trator to determine which of these two interpretations is the 
correct one under the Loubet Award ". 

This is, in fact, the exact situation. It has never been proposed 
by either party to disregard the Award of President Loubet, by 
which both are bound in the most solemn way (Panama as the suc- 
cessor of Colombia) nor to arbitrate anew the question decided by 
him. It has been, and is, the firm purpose of my Government to 
abide faithfully by the Award and the attitude of Costa Eica has 
been equally unequivocal. 

In a Note dated July 27th, 1901, to Senor Lorenzo Marroquin, 



33 

then Minister of Colombia to Costa Eica, Don Ricardo Pacheco, 
the Minister of Foreign Affairs of that Eepublic, says, referring to 
the very question now under consideration and arguing in support 
of the position of his Government : 

" In view therefore of the fact that the opinion of Costa 
Eica tends to preserve unimpaired the force of the Award 
and on the other hand it is supported by the opinion of the 
arbitrator, this Government believes that that of Your Ex- 
cellency will receive it as satisfactory." 

In the message of President Iglesias of Costa Eica to the Con- 
gress of that Country, on May 1st, 1901, he says, speaking of the 
Loubet Award : 

" In view of which my Government as soon as it received 
knowledge of the arbitral decision, gave instructions to our 
Minister in Europe to address himself to the Honorable 
Umpire and inform him what the understanding of Costa 
Eica was with regard to the first paragraph of the decision." 

On March 6th, 1905, Don Leonidos Pacheco, the Minister Plen- 
ipotentiary of Costa Eica to Panama, signed with Don Santiago de 
la Guardia, then Minister of Foreign Affairs in Panama, a declara- 
tion which contains the following statement : 

" The signatory Republics solemnly declare that in ac- 
cordance with the provisions of the respective laws and 
treaties and the ofScial statements made by the parties, the 
boundary dispute maintained for many years by the Re- 
public of Colombia — formerly owner of the territory in dis- 
pute, which to-day belongs to that of Panama— and that of 
Costa Eica, ivas settled hy the decision which His Excellency 
the President of the French Eepublic was pleased to an- 
nounce in the respective arbitral tribunal at Eambouillet on 
the 11th day of September, 1900, and by virtue of which 
the frontier being determined by the Honorable Judge by 
means of general indications, the material determination of 
the same was left to the mutual agreement which the spirit 



34 

of conniliation and good feeling which up to the present 
time has inspired the two nations interested might decide 
upon (dictaron)." 

Finally, President Viquez of Costa Rica in his message to 
the Congress of that country, on May 1st, 1909, says : 

" As the Pacheco-Guardia Treaty has not come to an 
issue it is necessaiy, should no agreement fixing the divid- 
ing lines be had between both countries, to decide which of 
the two different interpretations of the Loubet decision is 
in consonance with the spirit of the decision and to have a 
new arbitration for that purpose." 

It thus appears that Costa Rica is, equally with Panama, com- 
mitted to the acceptance of the Loubet Award, if any commitment 
were necessary beyond that contained in the Convention of Arbi- 
tration which solemnly stipulated (Article IV.) that : 

" The Award of the Arbitrator, no matter what it may 
be, shall be considered as a perfect and binding treaty be- 
tween the High Contracting Parties and shall not admit of 
any appeal. Both parties bind themselves to its faithful 
fulfilment and they waive any appeal against the decision 
pledging thereto the national honor." 

The only question therefore which exists or which has ever been 
raised during the more than nine years which have elapsed since 
the Award, is one of interpretation of that Award as to a part, 
only, of the boundary, — the greater part of that boundary deter- 
mined by the Award never having given rise to any dispute or 
question. This, Your Excellency has clearly seen and has clearly 
expressed in the Notes of the Department of State of the United 
States under dates of April 16th, 1906, and of November 2nd, 1909, 
to which I have already had the honor to refer. 

In this connection permit me to refer to your statement 
that " during the said period (" nearly ten years last past ") 
Costa Rica has insisted that the Loubet Award was void 
in part at least, in the ground of ultra petita or 
unimpaired or vitiated by ambiguity and uncertainty," 



3d 

and to respectfullT advise you that I am informed that throughout 
the whole history of this affair under Colombia after the Loubet 
Award, Costa Eica never so much as raised the least question of 
ultra petita, and on the other hand recognized the validity of the 
Award and itself gave the Award an interpretation which made the 
present plea of idtra pdita impossible and is in consistent with its 
present contention. Throughout the subsequent period of the 
history of this affair under Panama, down to 1907, Costa Bica 
never raised such question but continued such recognition. It is 
only within the past two years or so that this question has been 
raised, and, too late, I respectfully submit to receive serious con- 
sideration. 

My Government is most responsive, — as shown by the history 
of this negotiation to promote an amicable adjustment of this grave 
controversy ; but a tremendous and serious result has already been 
reached which it is not to its national interests to surrender, nor its 
constitutional power imperil, merely the Award made by President 
Loubet after years of vegetation to reach that arbitration and 
years of labor in reaching the Award. In this connection I may 
state that my Government has not the documentary proofs and 
records to re-argue the questions which were submitted to Presi- 
dent lioubet The records of great antiquity and profundity, run- 
ning by centuries, were possessed by Colombia and upon this 
Colombia won her cause after all that could be presented and 
argued by Costa Eica during the four or five years of the arbitra- 
tion ; but these archives are possessed by Colombia and not access- 
ible to Panama which would be powerless to present its cause 
de novo. 

I am, Mr. Secretary, so solicitous to find some solution which 
will receive favor with you as well as Costa Eica and so reluctant 
am I to consider my mission as fruitless that I am conferring with 
my Government by cable to evol-^, if possible, a further proposal 
as to the question to be submitted to arbitration. 

As soon, therefore, as further advised upon this point, I will 
crave audience with Tour Zscellency. 



36 

Accept, Mr. Secretary, the renewed assurance of my highest 
esteem and consideration, and believe me, 

Yours very respectfully, 

(Signed) Belisario Porras 

E. E. & M. P. of Panama. 

Memorandum of the State Department, dated March 1, 1910, 
addressed one identical copy to each of the representatives 

OF CoSTA EiCA AND PANAMA. 

Identic Memorandum handed to Dr. Belisario Pokras, Envoy 
Extraordinary and Minister Plenipoteniary of Panama, on Special 
Mission, and Senor Don Luis Anderson, Envoy Extraordinary and 
Minister Plenipoteniary of Costa Rica, on Special Mission, at 
THE Conference held at the Department of State on March 1, 
1910, at 3 P. M. 

The Secretary of State has given the most studious attention to 
the respective attitudes of the Governments of Panama and Costa 
Rica as revealed by the long correspondence and as finally crystal- 
lized in the specific proposals, received respectively on February 
25th and February 2nd, supplemented by the very important 
statements made orally at the conferences of the 25th and 26th 
ultimo. 

The Secretary of State is well aware of the desire of Costa Rica 
that the proposed arbitration shall be as broad as possible. He is 
equally sensible of the considerations which impel the Government 
of Panama to insist upon the Loubet Award as a basis for the 
definitive termination of the boundary. It was a source of great 
satisfaction to take note of the fact that both parties are in prac- 
tical agreement as to the boundary line from the Pacific Ocean to a 
point beyond Cerro Pando on the Central Cordillera. The fact that 
the difficulties to overcome are thus confined to the determination of 
the line thence to the Atlantic, caused the Secretary of State to 
entertain the gratifying liope that, in view of the conciliatory 



37 

and candid spirit animating the two Governments it would surely 
be a matter of no great difiSeulty to reach a satisfactory solution. 

Animated by this hope and in response to the desire of both 
Governments that the United States should lend its good offices in 
connection with the proposed arbitration, the Secretary of State has 
arrived at a theory which, in his judgment, should form a basis 
substantially satisfactory and entirely considerate of the respective 
contentions. 

The Secretary of State, therefore, suggests that the compromis 
stipulate the acceptance of the line to the extent above, mentioned 
as free from doubt and, continuing, state the question to be arbi- 
trated as the following : " What is the boundary between the Re- 
publics of Panama and Costa Eica under and most in accordance 
with the true interpretation and correct intention of the Loubet 
Award in the light of all the historical, geographical, topographical 
and other facts and circumstances surrounding it as well as under 
the established principles of international law ? " 

The Secretary of State also deems it important, in the interest 
of justice and for the avoidance of future disputes, that the Ar- 
bitration Convention contain some such stipulation as the follow- 
ing : " All valid titles to land or other valid rights of property in 
the disputed territory granted or created by either Eepublic, or by 
the Eepublic of Colombia either before or after the rendition of the 
Loubet Award, shall be recognized and protected in case the re- 
sults of this arbitration shall be to transfer the locus of such titles 
and rights and the sovereignty over the same from the Eepublic 
granting or creating the same to the other Eepublic." 

As to the very interesting and able suggestion of the Panama 
Government that the question should be solved by a joint surveying 
and arbitrating commission, which should refer to the actual arbi- 
trator all questions of difference ^between them or between their 
respective Governments, the Secretary of State has given to this 
proposal the sympathetic analysis which its importance made ap- 
propriate, bearing in mind, however, the fact that the arbitrator 
would naturally call for a survey in all cases when he found a nee- 



38 

essity for more precise topograpWcal information, the Secretary of 
State has deemed more practical that the arbitrator should proceed 
and himself call for all data which he migjht find relevant to the 
question before him, and that, anticipating this possibility, the 
protocol should instead contain a provision whereby the two 
Governments would agree to share the expense of a surveying com- 
mission appointed by the arbitrator, if the latter should require 
such survey at any stage of his consideration of the question. 

Department of State, Washington, March 1, 1910. 

2491/123 J 

It is a True Copy— taken from the archives of the Legation of 
Panama in Costa Rica in Special Mission in Washington, D. C. 

Belisabio Poebas [Seal] 

E. E. & M. P. of Panama. 

Washington, D. 0., April 25, 1911. 



39 

AMERICAN LEGATION, 

Panama. 

Januaey 2, 1909. 

Tour Excellency : 

I have the honor to communicate to Your Excellency the text of a cable, (copy 
enclosed) which I have just received from the Department of State, respecting the 
Panama-Costa Rican boundary controversy, and in reply to my cable of December 24, 
of which Tour Excellency has a copy. 

I have requested in a formal note a conference with you, at which I desire to 
discuss the question set forth in the enclosed cable. 

I avail myself of the occasion to wish Tour Excellency's Government and people 
during the coming New Tear, every happiness, success and prosperity. 

I avail myself of the opportunity to assure Tour Excellency of my highest 
esteem and most distinguished consideration. 

H. G. Squiees. 
To His Excellency Jose Auqustin Aeango, 

Secretary of State, 

Panama, 
Republic of Panama. 

[Enclosure.] 

Tour telegram December 24, Costa Rican special envoy, while believing it advis- 
able submit whole boundary question to a decision to be given in clearer and more 
definite terms than Loubet award, in deference to Panama suggests following points be 
submitted to a new arbitration (quote) first : whether the Loubet award is free from 
defects that according to principles of International law impair its legal force (period) 
Second : if considering that the award is not thus defective, to determine what its 
meaning is, and through what points the frontier line shall be drawn, (end quote). 



40 

Secstate : 

Eeferring to Department's cable of December 31, regarding the Costa Rica- 
Panama boundary dispute Minister for Foreign Affairs advises me his Government 
declines to submit first point to arbitration, as the}' consider that Loubet award is 
free from defects that according to principles of International Law impair its legal 
force. 

Considering the award is not thus defective they agree by arbitration to deter- 
mine what its meaning is and through what points the frontier line shall be drawn. 



STATE DEPARTMENT. 

No. 14. 

novembek 2, 1909. 

Sib: 

I have the honor to acknowledge the receipt of your note of the 20th ultimo, 
relative to the suggested submission to Chief Justice Fuller, as arbitrator, of the 
boundary controversy between your Government and that of Costa Rica. 

The purpose of this Government has been to bring the Governments of Costa 
Rica and Panama together in the path of arbitration and as this appears to be hope- 
fully in the way to be accomplished, through the direct negotiations of the empowered 
representatives of the two Governments, it does not appear necessary for this 
Government to take any part in the formulation of the terms of submission of the 
question to the arbitrator. 

This Government has assumed that the two parties were in disaccord as to a part 
of the Loubet award, and that all that is wanted is for each to submit its interpreta- 
tion as to that part of the line in disagreement and invite the arbitrator to determine 
which of those two interpretations is the correct one under the Lcubet Award. In 
this assumption, we limit ourselves to taking note of that portion of your communi- 
cation which appears to define the contention of Panama in this regard. 

As to the finality and binding character of the award, whichever it may be, this 
Government cannot doubt the good faith of the parties to the arbitration, and while 
not asking for a formal engagement on the part of either or both, would have 



41 

pleasure in receiving assurance, from Panama as well as from Costa Eica, that the 
award shall be accepted as final. 

Accept, Sir, the renewed assurances of my highest consideration. 

(Signed) P. C. Knox. 

Mr. C. C. Aeosemena, 

Minister of Panama, 

Washington, D. C. 



Excellency : 



LEGACION DE PANAMA. 

March 10, 1910. 



The undersigned. Envoy Extraordinary and Minister Plenipotentiary of the Ke- 
public of Panama on Special Mission, has given the most careful consideration to the 
identic memorandum handed to him and to the Envoy Extraordinary and Minister 
Plenipotentiary of the Kepublic of Costa Eica on Special Mission, by the Secretary 
of State at the conference held at the Department of State on March 1, 1910. 

It is with great satisfaction that the undersigned notes the recognition by the 
Secretary of State of the force and validity of the reasons which require the Govern- 
ment of Panama to insist upon a strict adherence to the Louliet Award as a necessary 
prerequisite to any arbitration to which that Government can constitutionally be a 
party. 

It is the understanding of the undersigned, from the memorandum to which ref- 
erence is made, that this attitude is accepted as the necessary basis for any further 
proceeding, and with this in view, the undersigned begs to submit the following addi- 
tional views and considerations upon the subject of the memorandum. 

Since the acceptance of the Loubet Award must form the basis of the arbitra- 
tion, the convention of arbitratfon, it is respectfully submitted, should, in the 
first place, stipulate that acceptance by both parties, and should state 
that the object of the arbitration is confined to the interpretation and application of 
the Loubet Award : It being understood as a part of that award, as expressed in the 
letter of M. Delcasse to Senor de Peralta, Minister of Costa Eica at Paris, November 
23, 1900, " that, in conformity with the terms of Articles II and III of the Conven- 



42 

tjon of Paris of January 20, 1886, this boundary line must be drawn within the con- 
fines of the territory in dispute as they are determined by the text of said articles." 

The undersigned will consent, with pleasure, to a further stipulation that no 
doubt exists as to the interpretation of that award with respect to the boundary line 
from Punta Burica on the Pacific Ocean to a point beyond Cerro Pando on the 
Central Cordillera, which he understands to be the suggestion of the Secretary of 
State, and, with that understanding, is glad to accept for his Government. 

With respect to the question to be arbitrated, the undersigned believes that that 
question would be accurately stated as follows : " What is the boundary between 
the Eepublics of Panama and Costa Eica under and in accordance with the correct 
interpretation and true intention of the Loubet Award " ? 

The arbitrator will, undoubtedly, in the course of his examination of this ques- 
tion, take into account all the circumstances and facts which may, in his view, prop- 
erly have a bearing upon his decision, but the undersigned submits that the enumer- 
ation suggested of the considerations which the arbitrator shall take into account 
would extend the scope of the arbitration beyond the determination of the question of 
fact, to-wit, the exact location of the line as fixed by the award, which is all that has 
been proposed ; and might lead to a departure from or modification of the Loubet 
Award, which the undersigned does not understand to be within the scope of the 
proposed arbitration, and to which it would be beyond the power of the undersigned 
or his Government to agree, for the reasons heretofore given. 

With respect to the title to lands within the disputed territory and rights of 
occupancy of such lands under grant made by either Kepublic prior to January 1, 
1910, the undersigned (all other provisions of the convention being agreed upon) wiU 
accept the suggestion of the Secretary of State that such titles shall be respected, 
and this acceptance also involves titles arising under the grants of the 
Eepublic of Colombia made before November 3, 1903, the date of 
the independence of the Eepublic of Panama. After that date the Ee- 
public of Colombia can have had no right in the territory, nor to make grants to land 
therein, and there can be no reason for respecting such grants, if any have been made. 
The undersigned understands that his acceptance as stated above meets the views of 
the Secretary of State. The undersigned has no objection to the phrase " other valid 
titles of property " used in the memorandum of the Secretary of State, if it be defined 



43 

in such a way as to exclude aay collateral privileges, exemptions or concessions run- 
ning with the land involved or expressed in any grants. 

With respect to the question of a survey of the line by a joint commission, as 
proposed in the letter of the undersigned to the Secretary of State, on February 25. 
1910, the undersigned desires to urge again the importance of such course. 

The inadequacy and untrustworthiness of any existing maps of the territory 
through which the line runs is well known and must be conceded. Nothing 
material can be added to what was submitted to President Loubet which would 
enable the new arbitrator to fix the line as described in the Loubet Award 
any more precisely than the award itself fixes it. These facts, the undersigned again 
most earnestly urges, would render the projected arbitration necessarily fruitless, and 
would leave the question eventually where it now stands, unless a survey be made. 

Moreover, for the reasons given, there would be great danger that the arbitrator, 
if he attempted from the data existing to define the line as fixed by the Loubet 
Award with more precision, would unintentionally and inadvertently depart, in fact, 
from the award, and, without being aware that he was so doing, modify rather than 
interpret it. Such a danger is one which the undersigned is not authorized to incur 
and which it is without doubt the desire of the Secretary, himself, to avoid, but it 
cannot be avoided without a survey. 

Furthermore, and as already suggested in the letter of the undersigned of Feb- 
ruary 25, 1910, to the Secretary of State, whenever a line is finally agreed upon as 
being the line of the Loubet Award, a commission of delimitation to mark the 
line will ultimately be necessary, and undoubtedly, as usually happens in such cases, 
differences will arise as to the details in the course of such delimination. By the 
plan proposed by the Eepublic of Panama, the ascertainment and delimination of the 
exact line under the Loubet Award would proceed simultaneously and the whole ques- 
tion would be finally settled, once and for all, in an equitable, proper and permanent 
way, without the necessity for any further action whatever on the part of either 
Government. 

While convinced that the plan proposed in his letter of February 25, 1910, has 
many and great advantages, the undersigned is, nevertheless, prepared to accept the 
modification thereof as suggested in the memorandum of the Secretary of State with 
two stipulations additional to those therein mentioned : First, that such survey or 



44 

surveys shall be directed by the arbitrator whenever either party shall think it im- 
portant to its interests and shall so request ; Second, that the Commission to be 
appointed shall consist of four members, one of whom shall be appointed upon the 
nomination of each party to the arbitration. 

It is the sincere desire of the undersigned and of his Government to obtain a 
settlement of this entire question at the earliest possible moment, and to cooperate in 
any means to that end within their constitutional powers. It is with this purpose 
that this memorandum is submitted. 

The Government of the undersigned is sincerely grateful for the interest and 
intervention of the Government of the United States as a friendly mediator upon 
this question, and its only desire is that the convention to be made and the proceed- 
ings to be had thereunder should be such as will lead to a final settlement and will 
not make the intervention of the United States fruitless or ineffective. 

With renewed assurances of my highest consideration I beg to remain, 

Yours very respectfully, 

Belisabio Pobras. 
Hon. p. 0. Knox, 

etc., etc., etc., 

Washington, 

D. C. 



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